ABSTRACT

Undue influ ence is the equit able concept which supple ments the common law viti at ing factor of duress. It oper ates largely through the applic a tion of presump tions. The follow ing aspects are discussed in this chapter:

■ The under ly ing prin ciples. When does influ ence become ‘undue’? Imbalance of power between the parties is an import ant element in identi fy ing undue influ ence.